Page 293 - Bundle for MF Final

Bates no 292

MF I'd have to have a difficult conversation with him regarding the truth of any claim of
fraud. I would have to tell him to get criminal advice. If he had done it, I would try to
get a deal for him without losing anything. If he hadn't done it, I would say we'll get
your money back.

MC The email regarding AIG, he has to be honest with the insurance company. I told him,
he had to tell me the truth at the time. I think he loses his bottle when it comes to
the final push. I think he will have told Dawson Hart that it is dodgy. He'll try to
mitigate what he did.

MF The most likely set up for the meeting is that we're not all going to be sitting round
on one Zoom. I think we'll set up one Zoom for us and another for discussions with
Nick, or I can call him via FaceTime.

MC Judge Robinson in January was hopeless. Is it too late to go to a private FDR?

MF We could try and find someone.

MC I don't want to take this to court. If we could get someone to have a private FDR.

AFS We haven't exchanged disclosure though.

MF That's right, we haven't exchanged evidence and there are questions regarding
criminality. It may not be fruitful to have a private FDR. The allegations of fraud have
been made and on the face of it, there is something in it. However, if we don't settle,
what next? If we don't want to go to court, then we have to cave in?

MC No, if the meeting fails, then we make Josh's specific disclosure application. At the
roundtable we can say that the TOLA TA will fail and that he will have to pay Louise's
costs of that. If we can draw a line, that's best, settle on the basis that the insurance
claims are kosher.

LS We don't push for all of these things, but we do want some form of indemnity.

MC He can't do that. My belief is that we should get all of these facts out but the alternative
course is just to try to settle.

MF We can say that he will repay you pound for pound for anything that's taken from you
subsequently, although he might not have anything for you to enforce that against.

LS I think the EasyJet policy is kosher. We have nothing to say that the £500,000 was all
AIG money, it could be made up of a mixture of different claims, some of which were
kosher.

MC An indemnity by Sig won't help, he may not have the money at the time or he could
even be in prison.

MF I will reflect and prepare a script for the roundtable. I would expect that he will want
a promise from you not to dob him in to the insurers and to repay him pound for
pound if he has to repay funds as a result of you doing so.

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